1. (a) Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component:

   1. (1) An electric switch containing mercury;
   2. (2) An electric relay containing mercury; or
   3. (3) A gas valve switch containing mercury.

2. (b) This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1, 2018, if:

   1. (1) The larger product is used in manufacturing;
   2. (2) The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;
   3. (3) The switch or relay is integrated with, and not physically separate from, other components of the larger product;
   4. (4) The use of the switch or relay is required under federal law or regulation; or
   5. (5) The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury.

3. (c)

   1. (1) A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:

      1. (i) $1,000 for a first offense;
      2. (ii) $2,500 for a second offense; or
      3. (iii) $5,000 for a third or subsequent offense.

   2. (2)

      1. (i) In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding:

         1. 1. $1,000 for a first offense;
         2. 2. $2,500 for a second offense; or
         3. 3. $5,000 for a third or subsequent offense.

      2. (ii) The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:

         1. 1. The willfulness of the violation;
         2. 2. The extent to which the violation was known, but uncorrected, by the violator;
         3. 3. The extent to which the violation resulted in actual harm to human health or the environment;
         4. 4. The nature and degree of injury to, or interference with, general welfare and health; and
         5. 5. The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.
   3. (3) Each day a violation continues is a separate offense under this section.

Added by Acts 2017, c. 808, § 2, eff. Oct. 1, 2017; Acts 2017, c. 809, § 2, eff. Oct. 1, 2017.